DINESH CHAND BANSAL Vs. PUNJAB NATIONAL BANK AND ORS.
LAWS(RAJ)-2011-2-141
HIGH COURT OF RAJASTHAN
Decided on February 28,2011

Dinesh Chand Bansal Appellant
VERSUS
Punjab National Bank and Ors. Respondents

JUDGEMENT

Mohammad Rafiq, J. - (1.) THIS writ petition has been filed by Petitioner on ground that Respondents have not furnished any accounts and have not rescheduled payment of loan of Petitioner and also have not handed over possession of the house. It is not disputed that the house has been taken possession of by Respondent Bank. Petitioner earlier filed writ petition No. 6374/2004, which was disposed of by order of this Court dated 15.09.2004 with liberty to Petitioner to approach Respondent Bank as being not maintainable because Petitioner approached this Court without any notice to Respondent Bank. Petitioner was therefore required to make a representation before Respondent Bank authorities.
(2.) SHRI R.P. Garg, learned Counsel for Petitioner, argued that Petitioner made a representation on 16.09.2004. The Respondent did not decide such representation nor did they furnish any information to Petitioner and property was auctioned in the year 2005 itself. Petitioner served a notice for demand of justice on Respondent on 10.07.2010. Writ petition cannot be entertained because on same subject matter Petitioner had earlier filed writ petition and he has not been able to show when he actually made representation. Such representation was made on 16.09.2004 and even if that was so he should have earlier approached this Court.
(3.) PETITION is dismissed on delay and laches.;


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